University of Groningen
The right to health as the basis for universal access to essential medicines Perehudoff, Sammi-Jo Katrina
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Perehudoff, S-J. K. (2018). The right to health as the basis for universal access to essential medicines: A normative framework and practical examples for national law and policy. Rijksuniversiteit Groningen.
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The right to health as the basis for
universal access to essential medicines
A normative framework and practical
examples for national law and policy
Publisher: University of Groningen, the Netherlands Layout by: Bloom - Creating Imagination
Cover: Bloom - Creating Imagination ISBN: 978-94-034-0880-4 (printed version)
978-94-034-0879-8 (electronic version) S. Katrina Perehudoff
The right to health as the basis for universal access to essential medicines: A normative framework and practical examples for national law and policy
Doctoral Dissertation, University of Groningen, the Netherlands ©2018 by S. Katrina Perehudoff - Oostende.
All rights reserved. no part of the material protected by this copyright notice may be reproduced or utilised in any form by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without the prior permission of the author.
The right to health as the basis for
universal access to essential medicines
A normative framework and practical
examples for national law and policy
PhD Thesis
to obtain the degree of PhD at the University of Groningen
on the authority of
the Rector Magnificus Prof. E Sterken and in accordance with the decision
by the College of Deans.
This thesis will be defended in public on Wednesday September 5th, 2018 at 9:00 hours
by
Sammi-Jo Katrina Perehudoff born on 7 September 1986
Supervisors
Prof. H. V. Hogerzeil Prof. B. C. A. Toebes
Assessment Committee
Prof. A. Chapman
Prof. A. L. B. Colombi Ciacchi Prof. A. K. Mantel-Teeuwisse
To my first role models:
To the outstanding teachers at my primary and secondary school, the Centre for Academic and Personal Excellence (CAPE) in Medicine Hat, Canada, and in particular, its founder, former principal and superintendent Dr. Teresa DiNinno. Dr. DiNinno, you wove scientific inquiry into the fabric of our school, creating a place where young people are equal parts student and scientist. My interest in research is a testament to CAPE’s training and your inspiration all those years ago. Beyond that, you were a role model in every way: the first— and for a long time, the only— woman I knew with a PhD. A dedicated first-generation Canadian who overcame a host of challenges to build your life in a new country. A person who put everything on the line to realise your vision of a more holistic and equitable education policy.
To my mom, Linda Ferguson, for her willingness to trial a little prairie school with big ideas, her unseen sacrifices to make my attendance possible and her unconditional love.
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Table of Contents
Chapter 1 Introduction Chapter 2The normative framework for access to medicines 2.1 What constitutes 'reasonable' state action
on core obligations? Considering a right to health framework to provide essential medicines
2.2 A human rights-based approach to the reimbursement of expensive medicines 2.3 Realising the right to sexual and
reproductive health: Access to essential medicines for medical abortion as a core obligation
2.4 Normative framework
Chapter 3
Human rights in domestic law and policy for access to medicines
3.1 Essential medicines in national constitutions: progress since 2008
3.2 The right to health as the basis for universal health coverage: A cross-national analysis of national medicines policies of 71 countries 3.3 Legislating for universal access to medicines:
A rights-based cross-national comparison of UHC laws in 16 countries
Chapter 4
Towards access to medicines through policy and practice 4.1 Access to medicines in 195 countries:
A human rights approach to sustainable development
Chapter 5
Human rights for access to medicines in domestic courts 5.1 How the Uruguayan judiciary shapes access
to high-priced medicines: A critique through the right to health lens
Chapter 6
Discussion and conclusions
Summary Samenvatting Acknowledgements Annexes
Annex 1 - Innovative text for access to medicines in national medicines policies
Annex 2 - Innovative text for access to medicines in national UHC legislation
Annex 3 - Access to medicines indicators in 195 countries Annex 4 - CV of the Author
Research Institute SHARE
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